Sec. 7. Private right of action
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/bill/117/hr/4801/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ) is amended— by redesignating sections 1307 and 1308 as sections 1308 and 1309, respectively; and by inserting after section 1306 the following: Any parent of a teenager or parent of a child alleging a violation of section 1303 or a regulation promulgated under such section with respect to the covered information of such teenager or child may bring a civil action in any court of competent jurisdiction.
A violation of section 1303 or a regulation promulgated under such section with respect to the covered information of a teenager or child constitutes an injury in fact to that teenager or child. In a civil action brought under subsection
(a)in which the plaintiff prevails, the court may award— injunctive relief; actual damages; punitive damages; reasonable attorney’s fees and costs; and any other relief that the court determines appropriate. No pre-dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to any claim arising under section 1303 or a regulation promulgated under such section. A determination as to whether and how this title or a regulation promulgated under this title applies to an arbitration agreement shall be determined under Federal law by the court, rather than the arbitrator, irrespective of whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement. As used in this subsection— the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement; and the term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. The rights and remedies provided under this title may not be waived or limited by contract or otherwise. .
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Sec. 7
Private right of action
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